Section 43D — Resource Management Act 1991: Relationship between national environmental standards and designations

43D Relationship between national environmental standards and designations (1) A designation that exists when a national environmental standard is made prevails over the standard until the earlier of the following: (a) the designation lapses: (b) the designation is altered under section 181 by the alteration of conditions in it to which the standard is relevant. (2) If the conditions of a designation are altered as described in subsection (1)(b) , the standard— (a) applies to the altered conditions; and (b) does not apply to the unaltered conditions. (3) A national environmental standard prevails over a designation that requires an outline plan if, when the standard is made,— (a) the designation exists; and (b) no outline plan for the designation has completed the process described in section 176A . (4) A national environmental standard that exists when a designation is made prevails over the designation. (5) A use is not required to comply with a national environmental standard if— (a) the use was lawfully established by way of a designation that has lapsed; and (b) the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and (c) the standard is made— (i) after the designation was made; and (ii) before or after it lapses. (6) Work under a designation is not required to comply with a national environmental standard if the work has come under the designation through the following sequence of events: (a) the work is made; and (b) the standard is made; and (c) the designation is applied to the work. (7) In this section, conditions includes a condition about the physical boundaries of a designation. Sections 43A to 43E were inserted, as from 20 May 2003, by section 18 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Sections 43B to 43E were substituted, as from 10 August 2005, by section 29 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.